this post was submitted on 24 Jun 2024
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It's a 19th century idea that appeared in the published decision of the Supreme Court in Santa Clara County v. Southern Pacific Railroad Co.
Only—get this—it wasn't even what the Court decided. Instead, it was the guy in charge of recording the decision for publication who declared "corporate personhood" in the headnote (summary) of the case. And would it surprise you to learn that the guy was the former president of a railroad company? We just sort of went along with this not-precedent until the Citizens United case.
yeah but citizens united codified it into us law.
Not quite. The Santa Clara decision gave corporations equal protection under the 14th Amendment, is law in the same sense that Citizens United is, and has been applied many, many times. The 2010 decision held that 1st Amendment protections apply to corporations.